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Business Ethics
Cases, Issues, & Stakeholders
GEB 6445
Business
create. mheducation.com
Copyright 2021 by McGraw-Hill Education. All rights reserved.
Print&d in the United States of America. Except as permiHed under the United Slates Copytight
Act of 1976, no part of this pvbUcation may be reproduced or distributed in any form or by any
means. or stored in a database or retrieval system, without p(ior written permission of the
publisher,
This McGraw-Hill Create text may include materials submitted to McGraw-Hill for publication by
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materials. Instructors retain copyright o f these addrtional materials.
ISBN-13: 9781307768916
ISBN-1 0: 1307768911
Contents
CHAPTER 1: THE STUDY OF BUSINESS, GOVERNMENT, &
SOCIETY ....... ...... ........ ..... ........ ..... ........ ..... ........ ..... . 1
THE STUDY OF BUSINESS, GOVERNMENT, AND SOCIETY . . ...... . ..... .. ..... . 3
iii
CHAPTER 8: BUSINESS IN POLITICS & INFLUENCING THE
POLmCAL ENVIRONMENT ..... .. ..... . ..... .. ...... ...... ....... .....233
BUSINESS IN POLITICS .... ...... ....... ....... ...... ....... ...... ....... ... 235
Influencing tht Pol/Ilea/ Environment ..... . ..... . ...... . ...... ...... • ...... . ..... • . • .... . 181
iv
CHAPTER 16: MANAGING ENVIRONMENTAL QUALITY . ..... .. .... 557
MANAGING ENVIRONMENTAL QUALITY .. . . ...... ...... ...... . . ...... .......558
The Up~r Big Branch Mine Disaster . ...... ........ ..... ........ ..... ......... ..... ..... 594
V
1
1 See, for example, Edgar H. Schein, The Corporate Culture Survival Guide, rev. ed. (San Francisco: Jossey-Bass,
2009), part one.
2 Standard Oil Co. of New Jersey v. United States, 221 U.S. 1 (19 11).
1
4 Business Ethics: Cases. Issues & Stakehoklers
of New Jersey continued to exist. Although it had shed 57 percent of its assets to
create t he new firms, it was still t he world's largest oil company. Some companies
formed in t he breakup were Standard Oil of Indiana (later renamed Amoco),
Atlantic Ref ining (ARCO), Standard Oil of California (Chevron), Continental Oil
(Conoco), Standard Oil of Ohio (Sohio), Chesebrough-Pond's (a company that made
petroleum jelly), and Standard Oil of New York (Mobil). In 1972 Standard Oil of
New Jersey changed its name to Exxon, and in 1999 it merged with Mobil, forming
Exxon Mobil.
The passage of time now obscures Rockefeller's influence, bu t ExxonMobil's
actions remain consistent with his nature. It has a centralized, authoritarian culture.
Profit is an overrid ing goal. Every project must meet strict criteria for return on capital.
ExxonMobil consistently betters industry rivals in its favorite measure, return on aver-
age capital employed.
Unlike Southwest Ai rlines or Google, w here having f un is part of the job, perform-
ance pressure at ExxonMobil is so intense that it " is not a fun place to work. " 3 As
Rockefeller bought competitors, he kept only the best managers from their ranks.
Today managers at ExxonMobil face a Darwinian promotion system t hat weeds out
anyone w ho is not a top performer. "We put them through a big distillation column,"
said a former CEO, and "only the top of the column stays there."• And oil industry
competitors still find it a ferocious adversary. The company says simply that it "employs
all methods of competition which are lawful and appropriate." 5
Although ExxonMobil is a powerful corporation, it is no longer the command ing
trust of Rockefeller's era. As in the old days, its power is challenged and limited by
economic, political, and social forces. Now, however, these forces are more leveling.
Markets are more contested. ExxonMobil pumps only 8 percent of t he world's
daily output of oil and controls less than 2 percent of petroleum reserves. These f ig-
ures are far lower than in the 1950s when Exxon was t he largest of the Seven Sisters,
a group of Western oil f irms that dominated global production and reserves, includ-
ing t he huge Midd le East oil f ields.6 Now its largest competitors are seven state-
owned oil companies, often called t he new Seven Sisters, whose output dwarfs t hat
of today's privately owned companies.7 The biggest, Saud i Aramco, is 3.5 times the
size of ExxonMobil in daily crude oil output and has 32 t imes its reserves.8 The rise of
these state-owned companies reflects a new form of nationalism, one that rejects
reliance on foreign firms to exploit natural resources.
3Fadel Gheit, a former employee and an oil industry analyst, quoted in Geoff Colvin, "The Defiant One,,.
Fortune, April 30, 2007, p. 88.
• Lee Raym ond, quoted in Tom Bo wer, Oil: Money, Politics, and Prwver in the 2 1st Century (New York:
Grand Central Publishing, 2009), p. 162 .
5 Exxon Mobil Corporation, Form 10-K 2009, filed with the Securities and Exchange Commission,
February 26, 2010, p. 1.
6 The Seven Sisters were Exxon, Mobil. Shell, British Petroleum, Gulf, Texaco, and Chevron.
1 The new Seven Sisters are Saudi Aramco {Saudi Arabia), Gazprom (Russia), China National Petroleum
Company (China), National Iranian Oil Company (Iran), Petr61eos de Venezuela S. A. (Venezuela),
Petrobras (Brazil), and Petronas (Malaysia).
• Government Accountability Office, Crude Oil, GA0-07-283, February 2007, fig. 9; and Ian Brem mer,
"The Long Shadow of the Visible Hand," The Wall Street Jouma/, M ay 22- 23, 20 10, p. W3.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 5
ExxonMobil is on a t readmill, constantly searchi ng for new oil and natural gas
supplies to compensate for declining production in existing fields. Output from a
mat ure field drops 5 to 8 percent a year. To maintain profitability the company
pursues new reserves wherever they are, taki ng political risks and abiding unrest and
corruption. Iran and Venezuela have expropriated its assets. In Indonesia, govern-
ment t roops guard its f acilities against attacks by rebel forces. In Chad, Angola,
Nigeria, and Equatorial Guinea, it has paid dictators for access to oil.
Governments are more active and relations with them, ranging from high-level
diplomacy to mundane regulatory compliance, are more complex t han in the past. In
2003 the company engaged in a high-stakes game of political intrigue tryi ng to pur-
chase Yukos Oil Company. Yukos was a technologically backward Russian company
t hat controlled oil and gas deposits in Siberia so huge they would double Exxon-
Mobil's reserves. ExxonMobil wanted it badly and offered $45 billion to t he Russian
capitalists who owned it. Their leader was billionaire Mikhail Khodorkovsky, a political
rival of Russia's President Vladimir Putin. Khodorkovsky promised ExxonMobil t hat he
would use his political influence to clear t he deal, but when its top managers met
with Putin he was guarded and said, "These details are for my ministers. You must
deal with them. " 9 Soon, Khodorkovsky's private jet was mysteriously delayed from
taki ng off at a Siberian airfield and boarded by masked police, who arrested him on
charges of fraud and tax evasion. He has been in jail ever since. Yukos soon merged
with a state-owned oil company managed by one of Putin's close allies.
In more ordi nary ways, webs of law and regulation dictate ExxonMobil's opera-
tions in each count ry where it does business. In the United States alone approximately
200 federal departments, commissions, agencies, offices, and bureaus, only a hand•
ful of which existed in Rockefeller's day, impose rules on the company. If the founder
were alive, he might find this tight supervision unrecognizable- even incredible. For
example, in 2009 the company paid a $600,000 f ine to settle charges that 85 migra-
tory bi rds in five states died of hyd rocarbon exposure after landi ng in production and
wastewater ponds. It agreed to a $2.5 million bird protection program. It will put nets
over ponds and install electronic systems that turn on flashing lights and noisemakers
when t hey detect incoming f lights of birds. 10
ExxonMobil also faces a demanding social envi ronment. As a leader in the world's
largest industry, it is closely watched by environmental, civil rights, labor, and con-
sumer groups-some of which are actively hostile. For years t he company agitated
environmentalists by reject ing the scientific case for global warming. Alone among
major oil companies, it ref used to make significant investments in renewable energy.
Its former CEO called such investments "a complete waste of money." 11
In 2006 a new CEO, Rex Tillerson, tried to blunt criticism by granting publicly
t hat t he world is warming. But he made no changes in strategy. A group of John
D. Rockefeller's heirs, believing that ExxonMobil no longer represented the "forward-
looking" spirit of its great founder, wrote to Tillerson, welcomi ng him as t he new
9 Quoted in Tom Bower, Oil: Money, Politics, and Power in the 2 1st Century, p. 10.
10 United States Attorney's Office, District of Colorado, " Exxon-Mobil Pleads Guilty to Killing M igratory
leader and req uesting a meeting. 12 He would not meet with them. Subsequently,
66 Rockefeller descendants signed an initiative calling on the company to convene a
climate change task force. The company refused to talk with t he family members,
who held only 0.006 percent of its shares. 13
Besides using ethanol blends in gasoline, ExxonMobil's major investment in alternative
energy is a $600 million research project to make biofuels from algae.•• That investment
pales in comparison with its $27 billion in capital and exploration expenditures in 2009
and a $30 billion project nearing completion to liquefy and ship natural gas from Qatar.
As a corporate citizen ExxonMobil funds worldwide programs to benefit communi-
ties, nature, and the arts. Its largest contributions, about 50 percent of t he total, go
to education. Other efforts range from $68 million to fight malaria in Africa to $5,000
for t he National Cowgirl Museum in Fort Worth, Texas. In 2009 ExxonMobil gave
$196 million to such efforts. This is a large sum from the perspective of an individual.
However, for ExxonMobil it was seven-hundredths of 1 percent of its revenues, the
equivalent of a person making $ 1 million a year giving $7 to charity. Does this giving
live up to the elegant example of founder John D. Rockefeller, t he great philanthro-
pist of his era?
The story of ExxonMobil raises central questions about the role of business in
society. When is a corporation socially responsible? How can managers know their
responsibilities? What actions are ethical or unethical? How responsive must a corpo-
ration be to its critics? This book is a journey into t he criteria for answering such
questions. As a begi nning for t his fi rst chapter, however, the story illustrates a range
of interactions between one large corporation and many nations and social forces.
Such busi ness- government-society interactions are innumerable and complicated.
In the chapter that f ollows we try t o order the universe of t hese interactions by
introducing four basic models of the business-government-society relationship. In
addition, we def ine basic terms and explai n our approach to the subject matter.
12 Daniel Gross, .. There Will Be Blood Orange Juice,· Slate, April 30, 2008.
,, lad Mouawad, .. Can Rockefeller Heirs Turn Exxon Greener?.. The New York Times, May 4, 2008, p. 82.
14 •• ExxonMobil Invests in Algae for Biofuel, .. Nature, July 2009, p. 449.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 7
1 s See Michael Mann, The Sources of Social Power, vol. I: A History of Power from the Beginning to A.O.
7760 (New York: Cambridge University Press, 1986), pp. 1- 3.
16 Arnold J. Toynbee, A Study of History, vol. XII, Reconsiderations (London: Oxford University Press,
1961), p. 270.
a Business Ethics: Cases. Issues & Stakehoklers
JUDICIAL
Protect properly
rights, encourage
REGULATORY investment by making FINANCIAL
dispute resolution
predictable.
Protect the public
Mobilize capital for
and investors from saving, borrowing,
d ishonesty, danger,
l
and lending.
and fraud.
Make economic
policy. collect tO>Ces,
provid e social sa1ety
nets. check and balance
business power.
:::--::::
MARKET
\
CULTURAL MEDIA
provide unemployment benefits to idled workers, there was no safety net. And
housing markets were anemic. Company managers, out of basic humanity, were
unwilling to lay off workers who would get no benefits and who would find it
difficult to move elsewhere. 17 As a result, restructuring in the new Russian
economy was torpid. The lesson is that institutions are vital to markets.
Each institution has a Sp€Cific purpose in society. The function of business is to
make a profit by producing goods and services at prices attractive to consumers.
A business uses the resources of society to create new wealth. This justifies its ex-
istence and is its priority task. All other social tasks-raising an army, advancing
knowledge, healing the sick, or raising children~epend on it. Businesses must,
17 Joseph E. Stiglitz, Globalization and Its Discontents (New York: W. W. Norton, 2002), p. 140.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 9
use of alcohol by its crews, managers failed to monitor him. Years later, the United
States Supreme Court would call this lapse "worse than negligent but Jess than
malicious. " 21
The disaster brought acute legal, political, and image problems for the firm. It
spent $2.4 billion to clean up the spill and another $2.2 billion to settle lawsuits
that dragged on for 20 years, Congress passed a Jaw barring its ship from ever
again entering the area, and activists told motorists to get their gas from other
companies.22 Today ExxonMobil operates its 650 tankers with extreme care and
randomly tests crews for drugs and alcohol. Remarkably, it is now so disciplined
that it measures oil spills from its fleet in tablespoons per million gallons shipped.
Between 2006 and 2009 it averaged fewer than five tablespoons Jost per million
gallons shipped.23
Recognizing that a company operates not only within markets but also within a
society is critical. If the society, or one or more powerful elements within it, fails to
accept a company's actions, that firm will be punished and constrained. Put philo-
social sophically, a basic agreement or social con.tract exists between economic institutions
contract and other networks of power in a society. This contract establishes the general du-
An under lying ties that business must fulfill to retain the support and acquiescence of the others
agreement be-
tween business
as it organizes people, exploits nature, and moves markets. It is partly expressed
and society on in Jaw, but it also resides in social values.
basic duties Unfortunately for managers, the social contract, while unequivocal, is not plain,
and responsi- fixed, precise, or concrete. It is as complex and ambiguous as the economic forces
bilities business a business faces and no Jess difficult to comprehend. For example, the public be-
must carry out
to retain public
lieves that business has social responsibilities beyond making profits and obeying
support. It may regulations. If business does not meet them, it will suffer. But precisely what are
be reflected those responsibilities? How is corporate social performance to be measured? To
in laws and what extent must a business comply with unlegislated ethical values? When meet-
regulations. ing social expectations beyond the Jaw conflicts with raising profits, what is the
priority? Despite these questions, the social contract codifies the expectations of
society, and managers who ignore, misread, or violate it court disaster.
The $2.2 billion figure includes criminal and civil fines, civil settlements, interest, and $500 million in
punitive damages imposed by a federal jury. The law was a provision in the Oil Protection Act of 1990.
23 "Changes ExxonMobil Has Made to Prevent Another Accident Like Valdez," at www.exxonmobil.com1
Corporate/about_issues_valdez_prevention.aspx, accessed October 1, 2009.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 11
will think differently about the scope of business power in society, criteria for
managerial decisions, the extent of corporate responsibility, the ethical duties of
managers, and the need for regulation.
The following four models are basic alternatives for seeing the BGS relation-
market ship. As abstractions they oversimplify reality and magnify central issues. Each
economy model can be both descriptive and prescriptive; that is, it can be both an explana-
The economy tion of how the BGS relationship does work and, in addition, an ideal about how
that emerges it should work.
when people
move beyond
subsistence The Market Capitalism Model
production to The market capitalism model, shown in Figure 1.2, depicts business as operating
production
for trade, and within a market environment, responding primarily to powerful economic forces.
markets take There, it is substantially sheltered from direct impact by social and political forces.
on a more The market acts as a buffer between business and nonmarket forces. To appreciate
central role. this model, it is important to understand the history and nature of markets and the
capitalism classic explanation of how they work.
An economic Markets are as old as humanity, but for most of recorded history they were a
ideology with minor institution. People produced mainly for subsistence, not to trade. Then, in
a bundle of val- the 1700s, some economies began to expand and industrialize, division of labor
ues including developed within them, and people started to produce more for trade. As trade
private owner-
s hip of means grew, the market, through its price signals, took on a more central role in directing
of production, the creation and distribution of goods. The advent of this kind of market economy,
the profit or an economy in which markets play a major role, reshaped human life.
motive, free The classic explanation of how a market economy works comes from the Scottish
competition., professor of moral philosophy Adam Smith (1723-1790). In his extraordinary
and limited
government
treatise, The Wealth of NaN.ons, Smith wrote about what he called "commercial
restraint in society" or what today we call capitalism. He never used that word. It was adopted
markets. later by the philosopher Karl Marx (1818-1883), who contrived it as a term of
FIGURE 1.2
The Market Sociopolitic a l Environment
Capitalism
Model - .. Market Environment - ..
BUSINESS
..
V
12 Business Ethics: Cases. Issues & Stakehoklers
Full Production
andFu/lEm-
p/oymont under
Our Democratic
System of Pri-
....
vate Enterprise,
ca. 1944, a
uayon and ink
drawing by
Michael Lanson.
an artist work-
ing for tho
Works Progn,ss
Administration
Federal Art
Project. l.enson
focuses on the
virtues of mar-
ke1 capiU!lism.
Source: The
Library of Con-
gress. C, Barry
Lenson, used pointed insult. But it caught on and soon Jost its negative connotation.24 Smith
with permission.
said the desire to trade for mutual advantage lay deep in human instinct. He noted
the growing division of labor in society Jed more people to try to satisfy their
self-interests by specializing their work, then exchanging goods with each other.
As they did so, the market's pricing mechanism reconciled supply and demand,
and its ceaseless tendency was to make commodities cheaper, better, and more
available.
The beauty of this process, according to Smith, was that it coordinated the
activities of strangers who, to pursue their selfish advantage, were forced to ful-
fill the needs of others. In Smith's words, each trader was "led by an invisible
hand to promote an end which was no part of his intention," the collective good
of society.25 Through markets that harnessed the constant energy of greed for the
public welfare, Smith believed that nations would achieve "universal opulence."
managerial His genius was to demystify the way markets work, to frame market capitalism
capitalism
A market econ-
in moral terms, to extol its virtues, and to give it lasting justification as a source
omy in which
of human progress. The greater good for society came when businesses com-
the dominant peted freely.
businesses are In Smith's day producers and sellers were individuals and small businesses
large firms run managed by their owners. Later, by the late 1800s and early 1900s, throughout the
by salaried
industrialized world, the type of economy described by Smith had evolved into a
managers., not
smaller firms system of managerial capitalism. In it the innumerable, small, owner-run firms that
run by owner- animated Smith's marketplace were overshadowed by a much smaller number of
entrepreneurs. dominant corporations run by hierarchies of salaried managers.26 These managers
24 Jerry Z.Muller, The Mind and the Market: Capitalism in Modern European Thought (New Yo,k: Knopf,
2002), p. xvi.
2S Adam Smith, The Wealth of Nations, ed. E. Cannan (New Yo,k: Modem Library, 1937), Book II/, chap. 11,
p. 423. First published in 1776.
26 Alfred D. Chandler, Jr., "The Emergence of Managerial Capitalism," Business History Review, winter
1984, p. 473.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 13
had limited ov.'11ership in their companies and worked for shareholders. This
variant of capitalism has now spread throughout the world.
The model incorporates important assumptions. One is that government inter-
laissez-faire ference in economic life is slight. This is called laissez-faire, a term first used by the
An economic French to mean that government should "Jet us alone." It stands for the belief that
philosophy that government intervention in the market is undesirable. It is costly because it
rejects govern-
ment interven- lessens the efficiency with which free enterprise operates to benefit customers. It is
tion in markets. unnecessary because market forces are benevolent and, if liberated, will channel
economic resources to meet society's needs. It is for governments, not businesses,
to correct social problems. Therefore, managers should define company interests
narrowly, as profitability and efficiency.
Another assumption is that individuals can own private property and freely
risk investments. Under these circumstances, business owners are powerfully
motivated to make a profit. If free competition exists, the market ""ill hold profits
to a minimum and the quality of products and services will rise as competing
firms try to attract more buyers. If one tries to increase profits by charging higher
prices, consumers will go to another. If one producer makes higher-quality prod-
ucts, others must follow. In this way, markets convert selfish competition into
broad social benefits.
Other assumptions include these: Consumers are informed about products
and prices and make rational decisions. Moral restraint accompanies the self-
interested behavior of business. Basic institutions such as banking and Jaws exist
to ease commerce. There are many producers and consumers in competitive
markets.
The perspective of the market capitalism model leads to these conclusions
about the BGS relationship: (1) government regulation should be limited, (2) mar-
kets will discipline private economic activity to promote social welfare, (3) the
proper measure of corporate performance is profit, and (4) the ethical duty of
management is to promote the interests of owners and investors. These tenets of
market capitalism have shaped economic values in the industrialized West and, as
markets spread, they do so increasingly elsewhere.
There are many critics of capitalism and the market capitalism model. Bernard
Mandeville (1670-1733), an intellect predating Adam Smith, argued that markets
erode virtue. The envy, avarice, self-Jove, and ruthlessness that energize them are
base values driving out virtues such as Jove, friendship, and compassion.27 Karl
Marx believed that owners of capital exploited workers and promoted systems of
rising inequality. The communist Vladimir Lenin (1870-1924) wrote that industri-
alists masterminded imperial foreign policies to effect a "territorial division of
the whole world among the greatest capitalist powers."28 Pope John Paul II
(1920-2005) feared that markets place too much emphasis on money and material
objects and cautioned against a "domination of things over people."29
27 See George Bragues, "Business Is One Thing, Ethics Is Another: Revisiting Bernard Mandeville's The
Fable of the Bees, · Business Ethics Quarterly. April 2005.
28 V. I. Lenin, lmpenalism: The Highest Stage of Capitalism (New York: International Publishers, 1939), p. 89.
29 loannes Paulus PP.II, Encyclical Letter, Centesimus annus (May 1, 1991), no. 33.
14 Business Ethics: Cases. Issues & Stakehoklers
Such critics see a Jong list of flaws that often, perhaps inevitably, appear in mar-
kets. Without correction the market amplifies blemishes of human nature and the
result is conspiracies, monopolies, frauds, pollution, and dangerous products.
Business models arise to satisfy vices such as adultery, gossiping, gambling, smok-
ing, drug use, and prostitution. Calls for corporate social responsibility and more
ethical managerial behavior stem from the inevitability of capitalism's flaws. As
promised by its defenders, capitalism has created material progress. Yet its dark
side is unremitting.
Denunciations of capitalism are pronounced today, but none are ne·w. They
carry on a regular attack that winds through the Western intellectual tradition.
Adam Smith himself had some reservations and second thoughts. He feared both
physical and moral decline in factory workers and the unwarranted idolization of
the rich, who might have earned their wealth by unvirtuous methods. In his later
years, he grew to see more need for government intervention. But Smith never
envisioned a system based solely on greed and self-interest. He exp€Cted that in
society these traits must coexist with restraint and benevolence.30
The ageless debate over whether capitalism is the best means to human fulfill-
ment will continue. Meanwhile, we tum our discussion to an alternative model of
the BGS relationship that attracts many of capitalism's detractors.
M osses
30 E.G. West. ed., The 71,eo,yof Moral Sentiments Qndianapolis: Liberty Classics. 1976), pp. 70-72.
Originally published in 1853.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 15
Those who subscribe to the model believe that corporations and a powerful
elite control a system that enriches a few at the expense of the many. Such a system
is undemocratic. In democratic theory, governments and leaders represent inter-
ests expressed by the people, who are sovereign.
Proponents of the dominance model focus on the defects and inefficiencies of
capitalism. They believe that corporations are insulated from pressures holding
them responsible, that regulation by a government in thrall to big business is fee-
ble, and that market forces are inadequate to ensure ethical management. Unlike
other models, the dominance model does not represent an ideal in addition to a
description of how things are. For its advocates, the ideal is to turn it upside down
so that the BGS relationship conforms to democratic principles.
In the United States the dominance model gained a following during the late
nineteenth century when large trusts such as Standard Oil emerged, buying politi-
cians, exploiting workers, monopolizing markets, and sharpening income dispari-
ties. Beginning in the 1870s, diverse groups of plain people who found themselves
toiling under the directives of rich capitalists rejected the market capitalism model
and based a populist reform movement on the critical view of society implied in
the dominance model.
populism Populism is a recurrent spectacle in which common people 1Nho feel oppressed
A political pat• or disadvantaged in some way seek to take power from a ruling elite that thwarts
tern., recurrent
fulfillment of the collective welfare. In America, the populist impulse bred a socio-
in world his-
tory, in w hich political movement of economically hard-pressed farmers, miners, and workers
common peo- lasting from the 1870s to the 1890s that blamed the Eastern business establishment
p le who feel for a range of social ills and sought to limit its power.
oppressed o r This was an era when, for the first time, on a national scale the actions of
disadvantaged powerful business magnates shaped the destinies of common people. Some
seek to take
power from a displayed contempt for commoners. "The public be damned," railroad mag-
ruling elite seen nate William H. Vanderbilt told a reporter during an interview in his luxurious
as thwarting priva te railway car.3 1 The next day, newspapers around the country printed
fulfillment o f his remark, enraging the public. Later, Edward Harriman, the aloof, arrogant
the collective president of the Union Pacific Railroad, allegedly reassured industry leaders
welfare.
worried about reform legisla tion, saying "that he 'could buy Congress' and
that if necessary he 'could buy the judiciary."'32 It was with respect to Harriman
that President Theodore Roosevelt once noted, " men of very great wealth in
too many instances totally failed to understand the temper of the country and
its needs." 33
31 ""Reporter C.P. Dresser Dead," The New York Times. April 25, 1891, p. 7. In fairness to Vanderbilt,
the context of the remark is elusive. It came in response to questioning by a reporter who may have
awakened Vanderbilt at 2:00 a.m. to ask, perhaps insotentty, if he woukt keep an unprofrtable route in
service to the publk. Vanderbilt's response was magnified far beyond a cross retort to become the age's
enduring emblem of arrogant wealth. See "Human Factor Great l ever in Railroading,,. Los Angeles
Times, October 20, 1912, p. V15; and Ashley W. Cole, "A Famous Remark, " The New York Times,
August 25, 19 18, p. 22 (letter to the editor).
12 Quoted from correspondence of Theodore Roosevelt in Maury Klein, The Life & Legend of
E.H. Harriman (Chapel Hill: University o f North Carolina Press, 2000), p. 369.
33 Ibid., p. 363.
16 Business Ethics: Case s. Issues & St ak ehoklers
This 1900
political car-
toon Illustrates
a central theme
of the domi-
nance modal,
that powerful
business Inter-
ests act In
concert with
government to
further selfish
money Inter-
ests. Although
the cartoon is
old. the idea
remains com-
pelling for
many.
Source: C Bett-
mann/Getty
Images.
The p opulis t movement in America ultimately fell short of reforming the BGS
relationship to a democratic ideal. Other industrializing nations, notably Japan,
Marxism had similar populist movements. Marxism, an ideology opposed to industrial
An ideology cap italism, emerged in Europe at about the same time as these movemen ts, and it
holding that also con tained ideas resonant with the dominance model. In cap italist societies,
workers should
revolt against according to Karl Marx, an owner class d ominates the economy and ruling institu-
property- tions. Many business critics worldwide advocated socialist reforms that, based on
owning capi- Marx's theory, could achieve more equitable distribution of power and wealth.
talists who In the United States the d ominance model may have been most accurate in the
exploit them, late 1800s when it first arose to conceptualize a world of brazen corporate power
replacing
economic and and politicians who openly represented industries. However, it remains popular.
political domi- Ralph Nader, for example, speaks its language.
nation with
more equal Over the past 20 years, big business has increasingly dominated our palitical econ-
a nd demo- omy. This con trol by corporate government over our political government is creat-
cratic socialist ing a widening "democracy gap." The unconstrained behavior of big business is
institutions. subordinating our democracy to the control of a corporate plutocracy that knows
few self-imposed limits to the sp read of its power to all sectors of our society. 34
Nader persists in the rhetoric of the d ominance model. Running for p resident in
2008 he wrote tha t "the corporations . .. have become our government .. . [and]
34 · statement of Ralph Nader," in The Ralph Nader Reader (New York: Seven St0<ies Press, 2000), pp. 3 and 4.
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 17
FIGURE 1.4
The Counter- Environmental The Public
Catalysts
vailing Forces
Model •Markets • Cultural values
• Geopolitics • Public opinion
• Ideologies •Voting
•Movements • Interest groups
•Technology • Market demands
•Nature • Social classes
• Wars. terrorism • Demographic
• Information media change
Business Government
both parties are moving deeper into the grip of global corporatism," 35 later adding
that "corporate power over our political economy and its control over people's
lives knows few boundaries."36
35 Ralph Nader, " It's Not About Me. It's About Our Broken System." USA Today, March S, 2008, p. 1 I A.
36 Ralph Nader, "Time for Citizens to Convene," Common Dreams.org, September 28, 2009, at
www.commondreams.org.
18 Business Ethics: Cases. Issues & Stakehoklers
from the dominance model in rejecting an absolute primacy of business and cred-
iting more power to a combination of forces and interactions rendered paltry by
the dominance model.
What overarching conclusions can be drawn from this model? First, business is
deeply integrated into an open society and must respond to many forces, both
economic and noneconomic. It is not isolated from any part of society, nor is it
always dominant. Markets, for example, have the power to organize human activ-
ity and can operate very independently of corporate influence. Business exerts
power in them, but so do other elements in society. Consumer demand rewards
some business decisions, penalizes others, and forces innovation. Governments
also shape markets, restricting buyers and sellers as to what products can be
exchanged, when, and ho·w.
Second, business is a major force acting on government, the public, and envi-
ronmental factors. Business often defeats labor, wins political battles, and shapes
public opinion. It consumes natural resources. It conditions cultural values, for
example, commercialism and materialism, each encouraged by advertising per-
haps at the expense of values such as temperance and spirituality. Some believe
that among the power groupings in American society business predominates.
However, defeats, compromises, and power sharing are highly visible. For exam-
ple, in the 1970s large corporations fought new environmental regulations only to
see a string of major laws, costly to comply with, adopted by Congress.
Third, to maintain broad public support, business must adjust to social, politi-
cal, and economic forces it can influence but not control. Faulty adjustment invites
correction. This is the social contract in action. For more than 50 years American
business suppressed labor unions. In keeping ""ith the dominance model, govern-
ment acted as its constant ally, even sending troops to end strikes forcibly, some-
times violently. Then, during the depression of the 1930s, the public blamed
economic problems on corporate greed and excesses, electing President Franklin
D. Roosevelt to bring reform. Sympathy for struggling workers was so strong that
in 1935 Congress passed the National Labor Relations Act, protecting and easing
union organizing, a colossal defeat for business and a bitter lesson about the social
contract.
Finally, BGS relationships evolve as changes take place in the ideas, institutions,
and processes of society. After the collapse of financial markets in late 2008, for
stakeholder example, the federal government took unprecedented actions, taking large owner-
An entity that ship shares in big companies, firing the CEO of General Motors, and dictating
is benefitted or executive salaries. Such actions altered the nature of capitalism as practiced in the
burdened b y United States in a way that reduced business power.
the actions of a
corporation or
whose actions The Stakeholder Model
may benefit or The stakeholder model in Figure 1.5 shows the corporation at the center of an
burden the cor- array of relationships "',jth persons, groups, and entities called stakeholders. Stake-
poration. The holders are those whom the corporation benefits or burdens by its actions and
corporation has
an ethical duty those who benefit or burden the firm "',jth their actions. A large corporation has
toward these many stakeholders, all divisible into two categories based on the nature of the re-
entities. lationship. But the assignments are relative, approximate, and inexact. Depending
Business. Government, and Society: A Managerial Perspective, Text and <:.ises. 13th Edition 19
FIGURE 1.5
The
Educational Media
Stakeholder lnstitution.s
Model
The
Competitors
Poor
Future
Supp4iers
Generations
Corporation
Earth's Trade
Biosphere Assoeiotions
Politicol
Relig ious
Interest
G roups
Groups
& Primary
e' Stakel\olders Polrtieol
Parties
Creditors
primary Union.s
stakeholders Secondary
Entities in a re- Stakel\olders
lationship with
the corporation
in which they,
the corporation, on the corporation or the episode, a few stakeholders may shift from one category
or bo th are to the other.
affected imme- Primary stakelwlders are a small number of constituents for which the impact of
diate ly, contin-
the relationship is mutually immediate, continuous, and powerful. They are usu-
uously, and
powerfully. ally stockholders (o·wners), customers, employees, communities, and governments
and may, depending on the firm, include others such as suppliers or creditors.
secondary Seccmdary stakeholders include a possibly broad range of constituents in which
stakeholders the relationship is one of less immediacy, benefit, burden, or power to influence.
Entities in a re-
Examples are activists, trade associations, politicians, and schools.
lationship with
the corporation This model is based on a gro·wing body of work by academicians who follow
in which the the lead of R. Edward Freeman, a management scholar and ethicist whose seminal
effects on them, 1984 book consolidated rudimentary ideas into a cohesive theory.37 Now the idea
the corporation, seizes the imagination of many, including Pope Benedict XVI who writes of
or bo th are less
significant and
pressing. '7 R. Edward Freeman, Strategic Management: A Stakeholder Approach (Boston: Pitman Publishing, 1984).
20 Business Ethics: Cases. Issues & Stakehoklers
"a growing conviction that business management cannot concern itself only with
the interests of proprietors, but must also assume responsibility for all the other
stakeholders who contribute to the life of the business."38
Exponents of the stakeholder model debate how to identify who or what is a
stakeholder. Some use a broad definition and extend the idea to include, for exam-
ple, natural entities such as the earth's atmosphere, oceans, terrain, and living
creatures because corporations have an impact on them.39 Others reject this broad-
ening, since natural entities are defended by conventional stakeholders such as
environmental groups. At the farthest reaches of the stakeholder idea lie groups
such as the poor and future generations. But in the words of one advocate,
"(s)takeholder theory should not be used to weave a basket big enough to hold the
world's misery."40 If groups such as the poor were included in the stakeholder
network, managers would be morally obliged to run headlong at endless prob-
lems, taking them beyond any conceivable economic mission. Still, any group be-
comes a stakeholder simply by attacking the reputation and image of the
corporation. Political activism equals right to consideration.
The stakeholder model reorders the priorities of management away from those
in the market capitalism model. There, the corporation is the private property of
those who contribute its capital. Its top priority is to benefit one group-the inves-
tors. The stakeholder model, by contrast, removes this priority, replacing it with
an ethical theory of management in which the welfare of each stakeholder must be
considered as an end. Stakeholder interests have intrinsic worth: They are not to
be valued only as they enrich investors. Managers have a duty to consider the in-
terests of multiple stakeholders, and thus, "the interests of shareo·wners ... are not
always primary and never exclusive." 41 Beyond this, other ethical duties that have
been suggested include avoiding harm, justifying decisions, and protecting future
generations. 42
The stakeholder theory is at heart a political ideology that regards traclitional
capitalist corporate governance as akin to an undemocratic political system in
which the "population" of stakeholders is not given proper representation. With-
out checks and balances autocratic managers will be tempted by greed into
various degrees of economic oppression, treating the un- and underrepresented
stakeholders unfairly. The ethical concept of duties introduces such a mechanism
of representation. Stakeholder management creates duties toward multiple
43 R. Edward Freeman, Jeffrey S. Harrison, and Andrew C. Wids, Managing for Stakeholders: Survival,
Reputation, and Success (New Haven: Yale University Press. 2007). p. 12.
44
Freeman, Harrison, and Wicks, Managing for Stakeholders, pp. x and 3.
45 Post. Preston, a nd Sachs, Redefining the Corporation, p. 16.
46 John Argenti, '"Stakeholders: The Case Against, .. Long Range Planning, June 1997, p. 444.
47 Anant K. Sundaram, ··rending to Shareholders,· Financial Time~ May 26, 2006, p. 6.
"'James A. Stieb, ·· Assessing Freeman~ Stakeholder Theory," Joumal of Business Ethics, 87 (2009), p. 410.
49 R. Edward Freeman, '"The Wal-Mart Effect and Business, Ethics, and Society, - Academy of
Management Perspectives, August 2006, p. 40.
22 Business Ethics: Cases. Issues & Stakehoklers
affect them. Despite academic debates, in practice the stakeholder ideology has
been powerful enough to change the way capitalist corporations are managed.
Most of the largest global corporations now analyze their stakeholders and enter
into dialogue with a wide range of them. This trend is discussed in Chapter 6.
Comprehensive Scope
This book is comprehensive. It covers many subjects. We believe that for those
new to the field seeing a panorama is helpful. Because there is Jess depth in the
treatment of subjects than can be found in specialized volumes, we suggest addi-
tional sources in footnotes.
and measure its actions. Scholarship in all three areas shows increasing sophistica-
tion and wider agreement on basic ideas.
Despite the Jack of a grand theory to unify the field, useful theories abound in
related disciplines. For example, there are economic theories about the impact of
government regulation, scientific theories on the risks of industrial pollution,
political theories of corporate power, ethical theories about the good and evil in
manager's actions, and legal theories on subjects such as negligence applied by
courts to corporations when, for example, industrial accidents occur. When
fitting, we discuss such theories; elsewhere we rely on descriptions of events. In
each chapter, we also use stories at the beginning and case studies at the end to
invite discussion.
Historical Perspective
history History is the study of phenomena moving through time. The BGS relationship
The study of is a stream of events, of which only one part exists today. Historical perspective
phenomena is important for many reasons. It helps us see that today's BGS relationship is
moving through
time. not like that of other eras; that current ideas and institutions are not the only
alternative; that historical forces are irrepressible; that corporations both cause
and adapt to change; that our era is not unique in undergoing rapid change; and
that we are shaping the future now. In addition, the historical record is rela-
tively complete, revealing more clearly the lessons and consequences of past
events as compared with current ones that have yet to play out and show their
full significance.
Despite appearances of novelty, the present is seldom unparalleled and is best
understood as an extension of the past. So we often examine the origins of current
arrangements, finding them both enlightening and entertaining. Readers of this
book, many at the beginning of Jong business careers, can take heart from the
words of Nicolo Machiavelli, a student of history who believed that "whoever
·wishes to foresee the future must consult the past; for human events ever resemble
those of preceding times."50
50 Niccolo Machiavelli, Discourses on the First Ten Books of Titus Livius (New York: The Modern Library,
1950). book 3, chapter 43, p. 530, written in 1513.
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Fig. 94.—Armoiries de la famille Michel. Données par le représentant de la branche aînée, M. S.
Michel de Monthuchon.
VI.
Comme le Roy donne l’accollade et fait les Chevaliers de Sᵗ Michel le jour qui precede la Ceremonie
de l’ordre du Sᵗ Esprit.
Fig. 100.—Fac-simile de la gravure d’Ab. Bosse.
VII.
pour tenir des cours plénières, pour rendre la justice, contracter des
obligations, élire un nouveau domicile ou entreprendre une affaire
importante; à côté de l’ordre militaire de Saint-Michel, plusieurs
corporations ouvrières, les ajusteurs de balances, les chapeliers, les étuvistes,
les boulangers, les pâtissiers-oublieurs et plusieurs autres prirent saint
Michel comme patron; dans la ville d’Argentan, les tanneurs se placèrent
sous la protection de l’Archange qui avait, dans leur pensée «tanné la peau
du diable» quand il le précipita du haut des cieux. Ces corporations, surtout à
Paris, gravaient sur les méreaux l’image du saint patron (fig. 102),
célébraient sa fête avec pompe, et devaient envoyer tous les ans une
députation en pèlerinage au mont Tombe.
Mais avant tous ces patronages, presque sur la ligne de la chevalerie,
nous devons placer les nombreuses confréries qui s’établirent sur divers
points de la France, spécialement dans la province de Normandie, sous le
nom bien connu de Charités. Ces pieuses associations, qui existent encore en
certaines paroisses, ont pour but l’ensevelissement des morts, et
reconnaissent pour patron l’Archange, gardien des sépultures, conducteur et
peseur des âmes (fig. 103). Il est curieux et instructif à la fois d’en étudier la
nature, afin de bien comprendre quelle était alors l’influence du culte de
saint Michel. Bernay, Menneval et quelques autres paroisses du diocèse
d’Évreux ont probablement servi de berceau à ces confréries, dont l’origine
semble remonter à une peste qui ravagea le pays en 1080. Comme la plupart
des habitants avaient pris la fuite pour échapper au terrible fléau, un petit
groupe de personnes de toutes les classes de la société se réunit pour
inhumer les morts, et forma une association sous le vocable de saint Michel.
D’après un manuscrit du seizième siècle, voici quels étaient les règlements
de la Charité de Menneval, fondée par «J. Planquette, esquevin, J. Bolquier,
prévost, et J. Dumoutier.»
Quiconque voulait «bénignement» faire partie de ladite Charité, soit
homme ou femme, devait être «puissant de corps pour gaigner sa vie» et
n’avoir encouru aucune excommunication; de plus il payait dix deniers
tournois au moment de la réception, et autant aux deux principales fêtes de
saint Pierre et à la Saint-Michel. Ces mêmes jours de solennité, on chantait
une messe «à diacre et sous-diacre» pour le «salut de l’âme des frères et
bienfaiteurs tant vifs que trépassés.»
L’association était gouvernée par un échevin, un prévôt et treize frères ou
servants, tous gens «prudhommes et loyaux.» A chacune des trois fêtes
désignées, les treize frères ou officiers, portant des torches de cire du poids
de deux livres, allaient «quérir» l’échevin, le conduisaient à l’église pour les
premières vêpres et la messe, et le ramenaient à son hôtel, après la fin de la
cérémonie; ils pouvaient en cette circonstance «porter croix, campenelle et
bannière de la frairie par toutes les paroisses.»
Le placebo et le dirige de l’office des morts devaient être chantés par sept
chapelains; on pouvait cependant se contenter d’un seul dans les cas
extraordinaires, par exemple dans les grandes mortalités. Le luminaire pour
les trépassés était de quatre gros cierges de trois livres, qui brûlaient autour
du corps, et de deux autres d’une livre pour l’autel. Si un frère servant «allait
de vie à trépas,» il était accompagné de sa demeure à l’église et de l’église
au cimetière par deux officiers portant des torches du poids de trois livres; si
le défunt avait rempli les charges de prévôt ou d’échevin, quatre torches
devaient être allumées en son honneur pendant le service. Tous les frères ou
officiers servants étaient tenus «de lever le corps de son hostel» pour le
porter à l’église, où l’on «célébrait une messe solennelle
Fig. 103.—Saint Michel, peseur des âmes. Un homme ayant été transporté en esprit au tribunal de
Dieu, voit, grâce à l’intervention de la sainte Vierge, le poids des bonnes actions l’emporter sur celui
des mauvaises. D’après un ms. du quinzième siècle, peint en camaïeu: Les Miracles de Notre-Dame,
nº 9199, à la Bibl. nat.